New Regulations in Sanctuaries

Seagrass in Tomales Bay

By Mary Jane Schramm

As of March 9, 2009, the Gulf of the Farallones, Cordell Bank and Monterey Bay national marine sanctuaries’ biological and cultural resources received enhanced protections as new protective regulations went into effect.  The plans, new regulations and Final Environmental Impact Statements were released last November. All documents are available online.

A waiting period was required before the protections could go into effect and become enforceable.  In addition, because sanctuary and state jurisdictions overlap, Governor Arnold Schwartzenegger had the opportunity to review and comment concerning their applications in state waters.

The new regulations evolved from nearly seven years of study, planning and extensive constituent input. They support the sanctuary’s mandate to allow for compatible, sustainable human uses, while focusing on key issues including ecosystem protection, wildlife disturbance, vessel traffic, water quality and introduced species.  They are designed to help the sanctuary  manage for ecosystem resilience, and steer a truer course through times of increased human pressures, changing ocean climate and emerging challenges.

Some highlights:

• In Tomales Bay, seven “no-anchor” zones were established to protect sensitive seagrass beds. Fish such as Pacific herring use seagrass habitat as breeding and nursery grounds. Resident and migratory birds feast on the abundant fish and invertebrate species associated with seagrass. Seagrass traps sediments and reduces excess nutrients and pollutants in the water, thus contributing towards improved water quality and remove harmful dissolved carbons from seawater. 
• White sharks receive expanded protection, with a prohibition on attracting the sharks throughout the sanctuary, or approaching closer than 50 meters of a white shark within two nautical miles of the Farallon Islands.
•  Due to State of California concerns about new introduced species restrictions and State-authorized mariculture, NOAA will conduct a separate rulemaking to adopt an exception.
• Although marine mammals, seabirds and sea turtles are already protected by law, new regulations provide added legal deterrents and enforcement and prosecutorial options.
• If a discharge (e.g. oil or other harmful substance) outside sanctuary boundaries enters and damages it, the sanctuary now has legal recourse against the responsible party.
• The sanctuary tightened its standards for discharges from cruise ships and other types of vessels.
• A prohibition on abandoning vessels will help protect natural seafloor habitats.

New regulations pertaining to the northern portion of the Monterey Bay National Marine Sanctuary which the Gulf of the Farallones Sanctuary manages redefine the term Motorized Personal Watercraft (MPWCs), also known as Jetskis or Waverunners. This is now clarified and updated to include all modern jetski-type and similar craft, regardless of passenger capacity. Use is permitted in four year-round zones, and one newly created conditional zone at Mavericks, Zone 5. Zone 5 will exist only when the National Weather Service issues a High Surf Warning for San Mateo County, and only during December, January and February.

As these new protections are implemented, the sanctuary will continue its policy of adaptive management. We grow, we learn, we seek to improve our effectiveness as ocean stewards. And when our sanctuary next revises its management plan, we hope you will be part of the process.